New Jersey Vehicular Homicide Attorney

Vehicular Homicide Charges

Vehicular homicide is frequently charged when the prosecutor believe a drunk driver caused a fatal accident. Causing death by driving a vehicle recklessly amounts to vehicular homicide in New Jersey in violation of N. J. S. A. 2C: 11-5. When death results, proof that someone was driving drunk, that is, that they were driving while under the influence of alcohol or a narcotic, hallucinogenic or habit-producing drug in violation of N. J. S. A. 39: 4-50 may be used to prove that the person charged drove recklessly, and is therefore guilty of vehicular homicide. Consequently, when the state believes drinking or drugs were involved, the state will attempt to prove drunk driving, along with other facts, to prove the essential element of recklessness.

Vehicular homicide carries very severe penalties. It is ordinarily a second-degree indictable offense carrying a maximum ten-year prison term. However, it is a first-degree crime with a twenty-year maximum prison term if the offense occurred in a school zone. Furthermore, under the terms of the No Early Release Act, N. J. S. A. 2C: 43-7.2, a driver convicted of vehicular homicide must receive a prison term and he or she must serve 85% of that term before becoming eligible for parole.

At The Law Offices of Allan Marain, we understand what a serious situation this is for you and will work diligently on your behalf in order to protect your rights. Such a charge can carry life changing consequences that could impact the rest of your life. It is therefore important you consult with our firm in a free initial consultation to discuss your legal options. Our firm also offers our service in New Brunswick and Middlesex County.

Defending Vehicular Homicide Charges

Defense of a vehicular homicide case involving alleged intoxication requires a careful evaluation of the many complex legal and factual issues implicated in drunk driving cases generally.

This information is not intended as legal advice. Legal advice is provided only through direct consultation with an attorney and is tailored to the facts and circumstances of a particular case. We invite you to contact the Law Office of Allan Marain for a free consultation concerning your charges, including a discussion of the your particular circumstances and the legal options available to you.

Contact a New Jersey DWI lawyer at the Law Office of Allan Marain to confer with an experienced criminal defense attorney regarding your vehicular homicide charge.